Karnataka High Court
Sri T. Mallikarjuna vs The State Of Karnataka on 13 June, 2023
Author: R Devdas
Bench: R Devdas
-1-
NC: 2023:KHC:20316
WP No. 13330 of 2022
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 13TH DAY OF JUNE, 2023
BEFORE
THE HON'BLE MR JUSTICE R DEVDAS
WRIT PETITION NO. 13330 OF 2022 (LB-RES)
BETWEEN:
SRI T. MALLIKARJUNA,
S/O ANJINAPPA,
RESIDING AT OLD NO.1690,
NEW NO.234, CHIATHANYANAGARA,
WARD NO.02, DODDABALLAPURA TOWN,
BENGALURU RURAL DISTRICT-561 203.
...PETITIONER
(BY SRI. V.F. KUMBAR, ADVOCATE)
AND:
1. THE STATE OF KARNATAKA,
REPRESENTED BY PRINCIPAL SECRETARY,
Digitally signed by
DEPARTMENT OF HOUSING AND URBAN
DHARMALINGAM DEVELOPMENT,
Location: HIGH
COURT OF VIKAS SOUDHA,
KARNATAKA
DR. AMBEDKAR VEEDHI,
BENGALURU 560 001.
2. THE COMMISSIONER,
CITY MUNICIPAL COUNCIL,
DODDABALLAPURA TOWN-561 203,
BENGALURU RURAL DISTRICT.
3. THE DIRECTOR OF
MUNCIPAL ADMINISTRATIONS,
-2-
NC: 2023:KHC:20316
WP No. 13330 of 2022
VISHWESHWARAIAH TOWER,
DR. AMBEDKAR VEEDHI,
BENGALURU-560 001.
4. THE MEMBER SECRETARY,
DODDABALLAPUR TOWN
PLANNING AUTHORITY,
S.N. COMPLEX, 1ST FLOOR,
OPP. TO TOWN POLICE STATION,
'D' CROSS,
DODDABALLAPUR - 561 203.
AMENDED V.C.O. DATED 21.02.2023.
...RESPONDENTS
(BY SRI. NITHYANANDA K.R., AGA FOR R1 AND R3;
SRI. K.N. SRINIVASA, ADVOCATE FOR R2;
SRI. YOGESH D NAIK, ADVOCATE FOR R4)
THIS WP IS FILED UNDER ARTICLE 226 OF THE
CONSTITUTION OF INDIA PRAYING TO QUASH THE
ENDORSEMENT DATED 13.04.2022 ISSUED BY THE R2 VIDE
ANNEXURE-H AND ETC.,
THIS PETITION, COMING ON FOR PRELIMINARY
HEARING, THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
R.DEVDAS J., (ORAL):
The petitioner is seeking registration of e-katha at the hands of respondent No.2-Commissioner, City Municipal -3- NC: 2023:KHC:20316 WP No. 13330 of 2022 Council, Doddaballapura. The claim of the petitioner is based on an amendment brought to the Town and Country Planning Act, 1961, introducing Section 76FF, by the Amendment Act, 2014. However, it is not disputed that the Hon'ble Supreme Court of India, in Special Leave to Appeal (C) No(s).956-957/2017 has directed that the interim order of stay granted by this Court shall continue until further orders. The challenge raised to the amended provision is pending consideration at the hands of the Hon'ble Supreme Court. Therefore, learned counsel for respondent No.4, Doddaballapura Town Planning Authority, submits that liberty may be reserved to the petitioner to move respondent No.2-City Municipal Council, depending on the decision that would be taken by the Hon'ble Supreme Court.
2. The submission of the learned counsel is placed on record. The benefit of the amended provision can be availed of by the petitioner only if the said provision is upheld by the Hon'ble Supreme Court.
3. Consequently, the writ petition stands disposed of, granting liberty to the petitioner to move respondent No. 2, the City Municipal Council, to register the e-katha, if the provisions -4- NC: 2023:KHC:20316 WP No. 13330 of 2022 contained in the Amended Act, 2014, is upheld by the Hon'ble Supreme Court.
Ordered accordingly.
Sd/-
JUDGE rv